ILAM CHAND Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-11-7
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on November 13,2013

ILAM CHAND Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) The applicants Ilam Chand, Smt. Saraswati, Amit, Vikas, Km Rashmi, and Km. Sonia, by means of present petition moved under Section 482 Cr. P.C., seek to quash the charge-sheet dated 29.07.2009, summoning order dated 11.09.2009 and the entire criminal proceedings of Criminal Case No. 1113 of 2009 captioned as State vs. Neeraj and others, in respect of offences punishable under Sections 498-A, 323, 504, 506 of I.P.C. and Section Dowry Prohibition Act, pending in the Court of Additional Chief Judicial Magistrate, Haridwar.
(2.) A first information report was lodged by the respondent no. 2 against seven accused persons including the applicants on 09.5.2009 at PS Ranipur District Haridwar, which was registered as Case Crime No. 164 of 2009 for the offences punishable under Sections 498-A, 323, 504, 506 IPC and Section of the Dowry Prohibition Act. After the investigation, a charge-sheet was submitted against the accused persons for the selfsame offences. Cognizance was taken on the said charge-sheet. Aggrieved against the same, present application under Section 482 Cr.P.C. was moved by these six accused persons, who are the family members and close relatives of the husband of respondent no. 2. The husband Neeraj Kumar himself is not the applicant in this application under Section 482 Cr.P.C.
(3.) None appeared for the respondent no. 2 despite personal service of notice upon her counsel. No counter affidavit is filed on behalf of the respondents either. The contents of the affidavit filed on behalf of the applicants, therefore remain uncontroverted.;


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